HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14967/2019
Naresh S/o Shri Madaram Garg, Aged About 29 Years, Meghwalo
Ka Vaas, Paatodi, Tehsil Pachpadra, District Barmer. (Confined In
Sub Jail, Balotra).
—-Petitioner
Versus
State, Through P.p.
—-Respondent
For Petitioner(s) : Mr. J.P. Bhardwaj
For Respondent(s) : Mr. Sharvan Bishnoi, P.P.
Mr. C.S. Rajpurohit for complainant
HON’BLE MR. JUSTICE VIJAY BISHNOI
Order
13/12/2019
Heard learned counsel for the petitioner, learned Public
Prosecutor as well as learned counsel for the complainant and also
perused the material on record.
The petitioner has been arrested in connection with FIR
No.169/2019 of P.S. Pachpadra, District Barmer for the offences
punishable under Sections 498A and 304B of I.P.C. He has
preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
allegation of harassing the deceased to commit suicide levelled
against the petitioner is false. It is submitted that uncles of the
deceased Mula Ram and Bhanwar Lal and mother of deceased
Manju have not levelled any specific allegation of harassment
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against the petitioner. It is submitted that omnibus allegation of
harassment has been levelled against all the family members of
the petitioner. Learned counsel for the petitioner has submitted
that the petitioner is brother-in-law of the deceased and he did
not instigate her to commit suicide. Learned counsel for the
petitioner has submitted that charge-sheet has been filed and trial
of the case will take time.
Learned Public Prosecutor as well as learned counsel for the
complainant have vehemently opposed the bail application.
Having regard to the totality of the facts and circumstances
of the case and having taken into consideration the statements of
the witnesses recorded durintg the course of invesstigation and
the fact that the petitonier is brother-in-law of the deceased,
without expressing any opinion on the merits of the case, I deem
it just and proper to grant bail to the accused petitioner under
Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 SectionCr.P.C. is
allowed and it is directed that petitioner Naresh S/o Shri Madaram
Garg shall be released on bail in connection with FIR No.169/2019
of P.S. Pachpadra, District Barmer provided he executes a
personal bond in a sum of Rs.50,000/- with two sound and solvent
sureties of Rs.25,000/- each to the satisfaction of learned trial
court for his appearance before that court on each and every date
of hearing and whenever called upon to do so till the completion of
the trial.
(VIJAY BISHNOI),J
47-Babulal/-
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